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45 Cards in this Set

  • Front
  • Back
Battery - Prima Facie Case
1) Harmful or Offensive Contact
2) Intent
3) Causation
Assault - Prima Facie Case
1) Reasonable Apprehension in P of Immediate harmful or Offensive contact
2) Intent
3) Causation
False Imprisonment - Prima Facie Case
1) confines or restrains the P to a bounded area
2) Intent
3) Causation
Intentional Infliction of Emotional Distress - Prima Facie Case
1) extreme and outrageous conduct
2) Intent to cause P severe emotional distress
3) Causation
4) Damages
Trespass to Land - Prima Facie Case
1) Physical invasion of P real property
2) Intent to bring about a physical invasion of P real property
Conversion - Prima Facie Case
1) Interfering w/ P right of possession, serious enough to warrant payment in full of value of the chattel.
2) Intent
3) Causation
Defenses to Intentional Torts
Legal Authority (Shop Privilege)
Defense (Self, Others, Property)
Defamation - Prima Facie Case
If the most stringent requirements
1) False
2) Unprivileged
3) Defamatory Publication
4) New York Times Malice
5) Actual Damages
New York Times Malice
1) Knew it was false or
2) Reckless with regard to truth or falsity
Common Law Malice
1) Either personal ill will toward the plaintiff
2) Or reckless or wanton disregard of the plaintiff’s rights
Libel - Defined
Libel is a defamatory statement recorded in writing or some other permanent form.
Libel Per Se - Defined
(Substantial Minority of courts distinguish between LPS and Libel per Quad) Presumed Damages if the statement is libelous and defamatory on its face.
Libel Per Quod - Defined
(Substantial Minority of courts distinguish between LPS and Libel per Quad) Special Damages Usually required. The libelous statement that is not defamatory on its face, but that requires - Qolloquium.
Defenses to Defamation -
1) Consent
2) Truth
3) Absolute Privileges: (FIVE)
1) Judicial Proceedings
2) Legislative Proceedings
3) Executive Proceedings
4) "Compelled" Broadcast or Publication
5) Communications Between Spouses
Defenses to Defamation -
1) Consent
2) Truth
3) Qualified Privileges: (FIVE)
1) Reports of Public Proceedings
2) Public Interest
3) Interest of Publisher
4) Interest of Recipient
5) Common Interest of Publisher and Recipient
Misrepresentation - Prima Facie Case
1) Misrepresentation made by D
2) Scienter
3) An intent to induce P's reliance on the misrepresentation.
4) Causation; 5) Justifiable Reliance
6) Damages
Negligent Misrepresentation - Prima Facie Case
1) Misrepresentation made by D in business or professional capacity.
2) Breach of Duty toward particular P
3) Causation
4) Justifiable Reliance
5) Damages
Interference w/ Business Relations - Prima Facie Case
1) Existence of a valid K relationship or a valid business expectancy.
2) D knowledge of the relationship or Expectancy.
3) Intentional interference inducing breach or Term of relationship. 4) Dam
Negligence - Prima Facie Case
1) Duty to conform to specific standard of conduct.
2) Breach
3) Actual and proximate Cause
4) Damages (PI or PD)
Res Ipsa Loquitur ("the thing speaks for itself")

Plaintiff must show?
1) The accident causing injury is the type that would not normally occur unless someone was negligent.
2) The instrumentality that caused the injury was in the sole control of the Defendant.
Defenses to Negligence
1) Contributory Negligence - Bars (Dead Law)
2) Comparative Fault
3) Assumption of Risk
Strict Liability - Prima Facie Case
1) Absolute Duty on D to make safe;
2) Breach of that duty
3) Breach was the actual and proximate cause of P injury.
4) Damages (PI or PD)
Ultrahaxardous or Abnormally Dangerous Activities - Defined
If it involves a substantial risk of serious harm to person or property no matter how much care is exercised.
Products Liability - Theories
1) Negligence
2) Strict Liability
3) Warranties - Express and Implied
What is a "Defective Product"?
"Defective condition unreasonably dangerous" to users. Most courts will permit the P to prevail if either the product was dangerous beyond the expectation of the ordinary customer or their was a less dangerous alternative.
Implied Warranty of Fitness for Particular Purpose - Defined
Arises when the seller knows or has reason to know:
1) The particular purpose for which the goods are required; and
2) The buyer is relying on the seller's skill or judgmnt to provide suitable gds
Respondeat Superior - Defined
A master/employer will be vicariously liable for tortious acts committed by her servant/employee if the tortious acts occur w/in the scope of the employment relationship.
One Element
1) Unauthorized use by D of P picture or name for defendant's commercial advantage.
INTRUSION - Prima Facie Case
1) Act of prying or intruding upon affairs or seclusion of the P by the D.
2) Objectionable to a reasonable person
3) Thing intruded upon was "private."
1) Publication or public disclosure by D of private information about the P.
2) reasonable person would object
Injurious Falsehood - Prima Facie Case
1) D made a false statement disparaging P’s goods, business.
2) P must show that the statement was "published,"
3) NY Times Malice
4) P must prove "special damages,"
Malicious Prosecution - Prima Facie Case
1.Favorable Termination
2.Lack of probable cause
4.Damage (if civil mal. Pros (generally)
Abuse of Process - Prima Facie Case
1. Ulterior purpose
2. Improper use of process
Public Nuisance - Defined
Public Nuisance is an act that unreasonably interferes w/ the health, safety, or property rights of the community. (e.g., blocking a highway or using a building to commit criminal activities such as prostitution)
Trespass to Chattels - Prima Facie Case
1) interferes w/ plaintiff's right of possession
2) Intent to perform the act
3) Causation
4) Damages
Three requirements to find an activity - Ultrahaxardous or Abnormally Dangerous
1) The activity must involve a risk of serious harm to persons or property.
2) Activity must be one that cannot be performed w/out risk of serous harm.
3) It's not a commonly engaged-in activity by persons in the community.
False Light - Prima Facie Case
1) Publication of Facts about P by D putting P in a false light in the public eye.
2) objectionable to a reasonable person
3) N.Y. Times Malice by the D where the published matter is in the public interest.
Implied Warranty of Merchantability - Defined
The goods are of a quality equal to that generally acceptable among those who deal in similar goods and are generally fit for the ordinary purposes for which such goods are used.
P is req. to introduce add'l extrinsic facts that would lead a reasonable reader, listener, or viewer to put the Defamatory Stmt on the P. Qolloquium = Pleading and proving such extrinsic facts to show P was in fact intended.
Misrepresentation - Prima Facie Case
1. Intentional/ negligent
2. Misrep of material Fact(opinion)
3. Made w/ intent to induce reliance
4. To his detriment
5. Proximate damages
6. Justifiable
Private Nuisance
Private nuisance is a substantial, unreasonable interference w/ another private individual's use or enjoyment of property he actually possesses or to which he has a right of immediate possession.
The factors that the court will consider under the "feasible alternative" approach are: (EIGHT)
1) Usefulness/Desirability of the product 2) Availability of safer altern 3) Dangers identified by time of trial
4)Likelihood of serious injury 5) Obviousness of the danger 6) Normal Public expect of danger 7) Avoidability of injury by care in use of product 8) Feasibility of eliminating the danger w/out impairing prod use or extreme cost
Slander Per Se - Four Categories
1) Business or Profession
2) Loathsome Disease
3) Crime Involving Moral Turpitude
4) Unchastity of Women
Wrongful Institution of Legal Proceedings - Prima Facie Case
1) Institution of criminal proceedings
2) Termination favorable to plaintiff
3) Absence of probable cause
4) Improper purpose of Defendant
5) Damages
Vicarious Liability
Vicarious liability is liability that is derivatively imposed. this liability rests upon a special relationship between the tortfeasor and the person to whom his tortious conduct is ultimately imputed.